Case details

Pedestrian struck by truck claimed ongoing foot pain





Result type

Not present

right foot were broken
On June 3, 2011, plaintiff Haley Shook, 19, a retail sales associate/student, was leaving a beach, in Carlsbad Village, after visiting friends, when she began to cross Maple Avenue at the intersection with Carlsbad Boulevard and was struck by a delivery truck operated by Jeffrey Hunter, who was traveling on southbound Carlsbad Boulevard. Hunter slammed on his brakes when he noticed Shook, but was unable to avoid impact. Shook also jumped up in reaction to the vehicle, and ultimately fractured two bones in her right foot. Shook sued Hunter and the owner of the truck, Hunter’s employer, American Reprographics, LLC. Shook alleged that Hunter was negligent in the operation of the truck and that American Reprographics was liable for Hunter’s actions through the course and scope of his employment. Shook claimed that she was crossing in a marked crosswalk when she was struck. She contended that Hunter attempted to pass a stopped, left-turning vehicle at the subject intersection and failed to yield to pedestrian traffic in the marked crosswalk. Shook admitted liability for the accident, and the matter proceeded to trial on and damages., Shook sustained fractures to the third and fourth metatarsals in her right foot. She was subsequently taken by ambulance to an emergency room and, on June 6, 2011, underwent outpatient surgery with the use of K-wire to stabilize the bones. Shook was then placed in a walking boot and followed up with roughly two months of physical therapy. Shook claimed she returned to school after her recovery and ultimately returned to most of her pre-injury activities. However, she claimed she still experiences nagging discomfort in her right foot. She alleged that this chronic, permanent discomfort affects her ability to run, wear high heels, and stand and walk for long periods of time. Shook claimed that as a result, she requires further therapy and orthotics. Thus, Shook sought recovery of $20,141.67 in past medical costs and $40,600 in future medical costs. She also sought recovery of damages for her past and future loss of quality and enjoyment of life. Defense counsel contended that Shook had a gap in treatment for over one year and that Shook made a full recovery from her . Counsel presented sub rosa video footage of Shook walking on the beach, allegedly without limping or favoring her left foot, as well as paddle boarding. In response, Shook claimed that her gap in treatment was due to a return to school and that the sub rosa video footage was misleading, as the paddle boarding was part of her physical therapy treatment.
Superior Court of San Diego County, Vista, CA

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